The government is finalizing approval of a regulation that will require companies to provide detailed information in the employment contract itself. Minimum wage And Accessories What a worker will receive when joining a new job. Also working hours and conditions trial period and the hypothetical termination of the contract, among others. The standard also aims to include a number of guarantees that will benefit workers’ settlement. part time -some 2.6 million jobs In all of Spain, 73% of them are women.
Transposition of the European directive into domestic law for some organizations transparent working conditions This is a pending task for the Administrator, almost a year and a half late. From August 2022 All member states need to be incorporated into their legal systems, and Spain has not yet complied. The measure is currently being discussed with parliamentary groups. The Labour-run bet is to take this matter to court. State official bulletin (BOE) at the beginning of February.
The latest document considered by the Labor Party reveals that when starting an employment relationship, the company must provide the new employee with a document containing a number of details, either in the employment contract itself or in an annex. For example, “the starting base salary and the amount of salary supplements, as well as the frequency and method of payment, also specified” in the latest draft available to El Periódico de Cataluña. Prensa Ibérica group.
Often these issues are already included in the employment contract, but in an incomplete or indirect way. For example, it is common for the salary reference to be:According to the agreement”. Moreover, the practices implemented by companies do not always coincide with the expectations set by the employee. The Labor Party now wants the management to announce salaries and bonuses in specific figures. also they programs or suitable days holidayamong others.
The transposition of the transparent working conditions directive has been the subject of negotiations within the scope of social dialogue for months and was planned to be included in a royal decree that will eventually be approved. minister council But finally, negotiations to define unemployment benefits reform or interprofessional minimum wage reform, which collapsed in Congress after the ‘no’ answer from Podemos, pushed the transfer of the directive to the background, and now the department led by Yolanda Díaz is negotiating with the parliamentary groups. This negotiation process may result in changes to the content of this final draft.
The philosophy of the directive is based on increasing the information available to the worker in order to reduce asymmetry according to the company. For this reason, the contract or its annex should include details of the trial periods, as well as the work center where the hired person will perform his duties or the conditions for termination of the employment relationship. All this is contained in the employment contract itself or in an attached document, but it should be clear from the moment the employment relationship begins.
prejudice reform
According to knowledgeable sources, one element that has caused some controversy is the new features it introduces for part-time contract workers.
Department of Labor wants to force companies to give minimum advance notice to employees in question three days ago Considering that the majority of part-time workers are women and some work part-time, it is a change that gives employees more security and makes their lives easier in terms of work-life balance. If they want additional working hours, they resort to this formula to be able to care for dependent family members. Or because they couldn’t access a full-time job – even if they wanted to – and ended up adding two part-time contracts.
This change limits the flexibility companies have in not scheduling their employees’ schedules. CEOE employers’ association does not welcome the loss internal flexibility.
“The worker must know the day and time when the agreed additional working hours will be carried out, by giving at least three days’ notice. “According to the latest draft, if the hours in question are completely or partially canceled by the company without complying with the previous notice period, the worker will in any case reserve the right to the relevant wage.”
Currently, labor legislation provides for the possibility of a part-time employee working more hours than normally stipulated in his contract, if both the employee and the company agree. Therefore, usually when signing the contract the parties have a weekly working day (e.g. 30 hours) and a pool of hours designed to be distributed throughout the year and respond to more or less predictable peaks of activity.
Labor now plans to introduce a mandatory three-day notice, and if the company doesn’t end up needing the employee’s services but hasn’t given them enough advance notice, it will have to pay them for their hours of work.
The reform proposed by the department led by Yolanda Díaz also opens the possibility that the part-time employee could unilaterally waive these complementary working hours, as long as certain assumptions are met. Participating in training and extending the working day in one of them, such as fulfilling family responsibilities, not being suitable for extending the working day, or working in another part-time job, will prevent the employee from fulfilling the other.